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Posted: 9/7/2008 2:35:38 PM EDT
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I have some c&r license legal questions. Basically, is it legal for me to order 5 of the same rifles, from same vendor at same time. Then pick the best one for my collection and sell the ones i don't want at cost to people that don't have c&r license? If it is ok, do sales to these people need to be on atf yellow form with background check or would the sale be like a face to face?? I know i would have to log all the rifles in my bound book then their info in my bound book as the rifles went out. I've heard of collectors doing this in order to "enhance" thier collections. I know it is not a business for profit license and that's why i say sell rifles i don't want to people at cost with no profit to me. Can anyone chime in on this? |
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It was a common occurance to buy several, like the 5-fer, and keep the best. The lesser examples don't enhance your collection. But- you can't buy 5 with the intention of selling 4 to your friends who don't have a license. You are allowed to buy weapons interstate for collecting purposes, but if you intend to buy some to sell them then you are acting as a dealer, and that is against the law and purpose of the C&RFFL. You are allowed to make a profit on your sale, but not do it as a business. If you sell them in your state the buyer doesn't need to fill out a form 4473 or have a C&RFFL. If the rifles sold go out of state the buyer needs either a license or they have to go through an FFL for transfer. In state it is a face to face sale but you will need their info for your bound book. All sales would need to be logged out of your bound book. This isn't as clear as it should be. basically do everything as if you know you will be explaining it to an investigator during an audit. Jim |
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I'm no expert on this since I've never sold a gun, but from what I've read it should be legal to buy 5 and keep the best. If you sell them to an in state resident you would not have to go through a FFL; however, you would need to record the sale in your book. If you sell to an out of state resident who is not a C&R or other FFL, you need to use a FFL to do the sale. You do not want to have the appearance of running a business for profit though. |
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I ordered 3 laminate stocked Mosin M38 rifles and am planning on keeping only one or two of them. One is all matching, the second is all matching except for the force matched butt plate. The third, is all forced matched to the bolt, I will sell of as it doesn't really add to my collection, but I think it has the best bore. Ordering a group of rifles then sorting through them is a fairly common practice. If you get inspected just explain why you sold or kept each rifle. |
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I would think that if you ordered a bunch, with the intent on keeping whatever is best for your collection, would be fine. I mean, that could be all of them. Or possibly just one. Have to wait and see... If you instead intended from the get go to order a bunch, and intended to sell off a portion of these, you starting getting onto unstable ground. Basically, if you would order 5, always intending to resell several of them, not so good. If you instead order 5, and then it turns out that only 2 are good "collector" rifles, and sell off the remainder, you should be in better shape. |
That's what I figured, even though you definetly are not making a profit, it's a no go. 
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